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Patna High CourtCR. MISC./76892/2024bail granted

Ganit Yadav @ Prince Kumar v. The State Of Bihar

2024-12-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76892 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- Chitragupta Nagar District- Khagaria ====================================================== Ganit Yadav @ Prince Kumar S/O Dularchand Prasad @ Shri Dularchand Yadav @ Dularchandra Prasad Yadav R/O Village- Awash Board, P.SMuffasil, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gaurav Kumar, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 324, 326, 307, 364, 302, 201, 120B and 34 of the Indian Penal Code.

3. The prosecution story, in brief, is that on 24.05.2024, son of the informant left the house with his friends, and when he reached near Sanhauli Surya Mandir, all the F.I.R. named accused persons along with 5-6 unknown persons, including this petitioner, came by a car and surrounded the son of informant and abducted him. It is further alleged that accused persons brutally assaulted and badly injured him by electric shock with intention to kill him and threw his body behind

Patna High Court CR. MISC. No.76892 of 2024(2) dt.20-12-2024 2/3 Sitaram Memorial Inter School. Having received the information, informant's wife and family members took the victim to hospital where he was declared dead by the doctor.

4. It is submitted by learned counsel for the petitioner that petitioner is not named in the F.I.R.. Name of the petitioner has transpired in this case during course of investigation, on the basis of confessional statement of co-accused Abhishek Kumar. Except confessional statement of co-accused person, there is no other tangible evidence to show his complicity in the alleged occurrence. It is further submitted that during course of investigation, none of the witnesses have named this petitioner. Petitioner is in custody since 10.06.2024. Moreover, chargesheet has already been submitted.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, in connection with

Patna High Court CR. MISC. No.76892 of 2024(2) dt.20-12-2024 3/3 Chitragupt Nagar P.S. Case No. 27 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T